The ordinance-making power of the President of India is an essential part of the Indian Constitution. The Constitution grants the President the power to promulgate ordinances in certain circumstances when Parliament is not in session. This power is an essential tool for the executive branch of the government to ensure that the country can respond to urgent situations when Parliament is not in session.
What is an Ordinance?
An ordinance is a legislative instrument that has the same force and effect as an Act of Parliament. The Constitution grants the President the power to issue ordinances when there is an urgent need to pass legislation, and Parliament is not in session. The ordinance-making power of the President is a temporary measure, and it expires after six weeks from the date of the reassembly of Parliament.
When can the President Issue an Ordinance?
The President can issue an ordinance under the following circumstances:
When both Houses of Parliament are not in session, and the President is satisfied that there are circumstances that require immediate action.
When the Lok Sabha is dissolved, and there is an urgent need to pass legislation.
When a bill passed by one House of Parliament is pending before the other House, and the President is satisfied that the bill is of immediate importance.
Limitations on the President’s Power to Issue Ordinances
The Constitution places certain limitations on the President’s power to issue ordinances. These limitations are as follows:
The President can issue an ordinance only on the advice of the Council of Ministers headed by the Prime Minister.
The ordinance must be laid before both Houses of Parliament when it reassembles, and it will cease to operate at the expiration of six weeks from that date.
The ordinance-making power of the President cannot be used to amend the Constitution.
Advantages of the Ordinance-making Power of the President
The ordinance-making power of the President is an essential tool for the executive branch of the government to ensure that the country can respond to urgent situations when Parliament is not in session. It allows the government to take immediate action to address urgent problems that require legislation.
Disadvantages of the Ordinance-making Power of the President
The ordinance-making power of the President is a temporary measure and can be misused if not used judiciously. The power can be used to bypass the legislative process and can lead to the concentration of power in the executive branch of the government. The Constitution places certain limitations on the President’s power to issue ordinances to prevent the misuse of this power.
Conclusion
The ordinance-making power of the President is an essential part of the Indian Constitution. It allows the executive branch of the government to respond to urgent situations that require legislation when Parliament is not in session. However, this power must be used judiciously to prevent its misuse and concentration of power in the executive branch of the government. The Constitution places certain limitations on the President’s power to issue ordinances to ensure that this power is not misused.